West Unity City Zoning Code
CHAPTER 1129
Compliance; Nonconformities
1129.01 COMPLIANCE WITH REGULATIONS.
(a) The regulations set forth by this Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind or structure or land except as hereinafter provided.
(b) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(c) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards or other spaces; than herein required; or in any other manner contrary to the provisions of this Zoning Ordinance.
(d) No yard or lot existing at the time of passage of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet at least the minimum requirements established by this Zoning Ordinance.
(e) Variances to these regulations in specific cases may be authorized by the Board of Zoning Appeals where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Zoning Ordinance providing such exception is in harmony with the general purpose and intent of the Zoning Ordinance and in accordance with the procedures and provisions of same. Hardship shall be based on physical limitations of the land and does not encompass financial considerations. Variances shall only be granted in accordance with the standards and procedures established in Section 1165.05.
(Ord. 411. Passed 12-4-75.)
1129.02 INTERPRETATION, PURPOSE, AND CONFLICT.
In interpreting and applying the provisions of the Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Zoning Ordinance to interfere or abrogate or annul any resolution, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this Zoning Ordinance, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Zoning Ordinance; nor is it intended by this Zoning Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other resolutions or agreements, the provisions of this Zoning Ordinance shall control.
(Ord. 411. Passed 12-4-75.)
1129.03 CONTINUANCE OF NONCONFORMING STRUCTURES OR USES.
(a) Nonconforming Structure
.
(1) Maintenance permitted
.
A nonconforming structure lawfully existing upon the effective date of this Zoning Ordinance may be maintained, except as otherwise provided in this section.
(2) Repairs. A nonconforming structure may be repaired or altered provided no structural change shall be made.
(Ord. 411. Passed 12-4-75.)
(3) Additions, enlargements, moving or replacement
.
A. A structure nonconforming as to use, height, yard requirements or lot area shall not be added to, enlarged or replaced in any manner unless such structure, including such addition, enlargement or replacement, is made to conform to the use (except as permitted by Section 1129.04(c)), height, yard, and lot area requirements of the district in which it is located.
(Ord. 1994-12. Passed 10-27-94.)
B. No nonconforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of such structure is made to conform to all the requirements of the district in which it is located.
(b) Nonconforming Uses
.
(1) Continuation and change of use
.
Except as otherwise provided in this Zoning Ordinance.
A. A nonconforming use lawfully existing upon the effective date of this Zoning Ordinance may be continued.
B. A nonconforming use may be changed only to a use of the same or more restricted classification.
(2) Expansion prohibited
.
A. A nonconforming use in a structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use.
B. A nonconforming use on a part of a lot shall not be expanded or extended into any other portion of such lot.
(c) Single Non-Conforming Lots of Records
.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance notwithstanding limitations imposed by other provisions of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply for area or width, or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements of this Zoning Ordinance other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals according to the procedures and requirements of Section 1165.05.
(d) Nonconforming Lots of Record in Combination
.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Ordinance.
(e) Nonconforming Variance Permitted by Board of Zoning Appeals
.
The Board of Zoning Appeals according to the procedures and requirements of Section 1165.05 may authorize upon appeals in specific cases such variance from the terms of this section as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.
(f) Buildings Under Construction
.
Any building arranged, intended or designed for a nonconforming use the construction of which has been started at the time of the passage of this Zoning Ordinance, but not completed, may be completed and put into such nonconforming use, provided it is done within one year after the effective date of this Zoning Ordinance.
(Ord. 411. Passed 12-4-75.)
1129.04 DISCONTINUANCE OF NONCONFORMING USES OR BUILDINGS.
(a) Whenever a nonconforming use has been discontinued for a period of two years such use shall not thereafter be re-established or used except in conformity with the regulations of the district in which it is located.
(b) A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of sixty percent (60%) or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty percent (60%) of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within one year of the date of such damage.
(Ord. 411. Passed 12-4-75.)
(c) On the effective date of this subsection all zoning prohibits all Mobile Homes in the Village of West Unity, except for licensed Mobile Home Parks.
(1) Existing Mobile Homes can be replaced with newer Mobile Homes not more than fifteen years old. Mobile Homes must comply with all setback sitings. Mobile Homes must have a shingled, gable pitched roof. Porches, steps and awnings are to be included in the dimensions of the Mobile Home when considering the setback sitings.
(2) Any Manufactured Home located other than in a licensed Mobile Home Park (except Double Wide Manufactured Homes located in an R-2 District) shall be considered as a nonconforming use. Such nonconforming Mobile Home or nonconforming Manufactured Homes may be replaced with a Manufactured Home, but not a Mobile Home, if replacement complies with all other provisions of this subsection including siting requirements of Section 1145.06.
(d) Siting Requirements
.
Any Single Wide Manufactured Home proposed to be located in an R-2 District shall comply with the following requirements:
(1) The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure’s vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.
(2) All hitches, axles, wheels and conveyance mechanisms shall be removed from the structure.
(3) Skirting shall be interlocking material (vinyl, ribbed metal or fiberglass, no wood).
(4) A building permit will be required. No Mobile Home variance will be permitted for any siting requirements (setbacks). The exchange of Mobile Homes must be completed in fourteen days of removal of existing structure. Extensions for weather delay are available at the discretion of the Village Administrator for a maximum of thirty concurrent days. If the project is not completed in thirty days a mobile home will be excluded from the property permanently.
(Ord. 06-2006-07. Passed 8-24-06.)